Form No. 4 [See rule 11(1)] ORDER SHEET ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW. M.A. No of 2018 Inre: O.A. No.

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1 M.A. No of 2018 Inre: O.A. No. Nil of 2018 Ashok Kumar By Legal Practitioner for By Legal Practitioner for Hon ble Air Marshal B.B.P. Sinha, Memo of appearance filed by Shri Asheesh Agnihotri, Advocate on behalf of the respondents is taken on record. His name be shown as learned counsel for the respondents, when the case is next listed. Present: Shri Satendra Kumar Singh, learned counsel for the applicant and ShriAsheesh Agnihotri, learned counsel for the respondents. M.A. No of 2018 This is an application under Section 5 of the Indian Limitation Act read with Section 22 of the Armed Forces Tribunal Act, 2007 for condoning the delay in filing the O.A, which as per office report, is delayed by more than 21 years. Copy of this application has been served upon the learned Standing Counsel for the respondents on Learned Standing Counsel appearing for the respondents prays for and is granted six weeks time to file objection on the delay condonation application. Replication, if any, may be filed by the learned counsel for the applicant within two weeks thereafter. List this case on for orders. (Air Marshal B.B.P. Sinha) RS/*

2 EX-A. No. 68 of 2018 Inre: T.A. No. 528 of 2010 Laxmi Prasad By Legal Practitioner for Petitioner By Legal Practitioner for Petitioner Hon ble Air Marshal B.B.P. Sinha, Memo of appearance filed by Shri Mohd Zafar Khan, Advocate on behalf of the respondents is taken on record. His name be shown as learned counsel for the respondents, when the case is next listed. Present: Shri Vikas Kumar Agrawal, learned counsel for the petitioner and Shri Mohd Zafar Khan, learned counsel for the respondents. EX-A. No. 68 of 2018 This is an Execution Application under Section 29 of the Armed Forces Tribunal Act, 2007 filed by the applicant for non implementation of the judgment and order dated 28 th August 2017 passed in T.A. No. 528 of Learned counsel for the respondents prays for and is granted four weeks time to seek instruction and show cause as to why the aforesaid order of the Tribunal has not been complied with. List this case on for orders. (Air Marshal B.B.P. Sinha) RS/* Form No. 4

3 M.A. No of 2018 Inre: EX-.A. No. 125 of 2017 Inre: EX-A. No. 41 of 2016 Inre: O.A. No. 78 of 2013 Shiv Murat Singh By Legal Practitioner for Chief of Army Staff & Others By Legal Practitioner for Hon ble Air Marshal B.B.P. Sinha, Memo of appearance filed by Dr Shailendra Sharma Atal, Advocate on behalf of the respondents is taken on record. His name be shown as learned counsel for the respondents, when the case is next listed. Present: Shri Rohit Kumar, learned counsel for the applicant and Dr Shailendra Sharma Atal, learned counsel for the respondents. M.A. No of 2018 This is an application for recall of the order dated whereby earlier execution application was dismissed as infructuous. It is submitted on behalf of the applicant that payment of back wages, as ordered by this Tribunal in its order under execution, has not yet been paid to the applicant. reasons to recall the order. Therefore, we find sufficient Accordingly, the application is allowed and order dated is hereby recalled. are directed to file calculation memo showing that the entire payment has been made to the applicant in pursuance of the order under execution. Let a copy of this order to learned counsel for the respondents free of costs. List this case on for orders. (Air Marshal B.B.P. Sinha) RS/* Form No. 4

4 M.A. No of 2018 with M.A. No of 2018 Inre: O.A. No. 153 of 2016 By Legal Practitioner for s Vrajesh Kumar Shankhdhar By Legal Practitioner for Respondent s Respondent Hon ble Air Marshal B.B.P. Sinha, Present: Shri Mohd Zafr Khan, learned counsel for the applicant and Maj Salen Xaxa, Departmental representative. M.A. No of 2018 This is an application for condonation of delay in moving the application under section 31(2) of the Armed Forces Tribunal Act 2007 for grant of leave to appeal against the judgment and order dated passed by this Court in O.A. No. 153 of As per stamp reporter s report, there is delay of 01 month and 20 days in filing the application for leave to appeal. Section 31 (2) of the Armed Forces Tribunal Act 2007 provides that the application for leave to appeal shall be made for approaching Hon ble Supreme Court within a period of 30 days beginning with the date of decision of the Tribunal. Apart from it, we have also gone through the grounds and reasons indicated in the affidavit filed in support of the application. In our considered opinion, the grounds urged in support of the prayer for grant of leave to appeal do not appear to be germane in view of the law laid down by the Hon ble Supreme Court in Office of the Chief Post Master General and others vs Living Media India Ltd and another reported in 2012 STPL (LE) SC in which the Hon ble Supreme Court has observed as under: Condonation of delay is an exception and should not be used as an anticipated benefit for government departments and since the claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. The law of limitation undoubtedly binds everybody including the Government. The Hon ble Supreme Court further observed as under : Since the person(s) concerned were well aware or conversant with the issues involved including the prescribed period of limitation..they cannot claim that they have a separate period of limitation when the Department was possessed with competent persons familiar with court proceedings. In view of the decision of the Hon ble Supreme Court in the

5 aforesaid case, the application for condonation of delay cannot be entertained and it is hereby rejected. M.A. No 1096 of 2018 This is an application under section 31 (1) of the Armed Forces Tribunal Act 2007 for grant of leave to appeal, having been moved by the applicant beyond the period of 30 days. Since the application for condonation of delay in moving this application has been rejected, in consequence thereof, this application is also liable to be rejected. Even otherwise also we do not find any point of law of general public importance involved in the decision so as to grant leave to appeal. Accordingly, this application is also rejected. (Air Marshal B.B.P. Sinha) RS/*

6 M.A. No of 2018 with M.A. No of 2018 Inre: DY-No of 2017 Inre: O.A. No. Nil of 2017 Kamal Singh Ghugatyal By Legal Practitioner for By Legal Practitioner for Hon ble Air Marshal B.B.P. Sinha, Memo of appearance filed by Shri Namit Sharma, Advocate on behalf of the respondents is taken on record. His name be shown as learned counsel for the respondents, when the case is next listed. Present: Shri Vinay Pandey, learned counsel for the applicant and Shri Namit Sharma, learned counsel for the respondents. M.A. Nos & 1098 of 2018 Shri Vinay Pandey, learned counsel for the applicant filed these applications for recall of the order dated alongwith condonation of delay application passed in Dy-No of 2017 (Inre: O.A. No. Nil of 2017) dismissing for non prosecution which is delayed by 04 months and 14 days. The grounds shown in the affidavit filed in support of the application for recall seem to be justified. Accordingly, the application is allowed and the order dated is hereby recalled. List this case on for orders. Meanwhile, learned counsel for the applicant remove the defects, as pointed out by the by the date fixed. (Air Marshal B.B.P. Sinha) RS/*

7 M.A. No. 243 of 2018 with M.A. No. 848 of 2018 Inre: O.A. No. Nil of 2018 Smt Bala Devi By Legal Practitioner for Un ion of India & Others By Legal Practitioner for Hon ble Air Marshal B.B.P. Sinha, Present: Shri KK Misra, learned counsel for the applicant and Shri RC Shukla, learned counsel for the respondents. M.A. No. 848 of 2018 Objection on the application for condnation of delay filed by the learned counsel for the respondents is taken on record. aforesaid stands disposed of. M.A. Learned counsel for the applicant doesn t intend to file reply to the objection filed by learned counsel for the respondents. The cause shown in the affidavit filed in support of the application for condonation of delay seems to be justified. Accordingly, the application is allowed and the delay in filing the Original Application is hereby condoned. Having heard the learned counsel for the parties, we find that it is a fit case for admission. Admit. Let the case be registered as O.A. Learned counsel for the respondents prays for and is granted six weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List this case on for orders (Air Marshal B.B.P. Sinha) RS/* Form No. 4

8 M.A. No. 244 of 2018 Inre: O.A. No. Nil of 2018 Braj Bhushan Pandey By Legal Practitioner for By Legal Practitioner for Hon ble Air Marshal B.B.P. Sinha, Present: Shri Parijaat Belaura, learned counsel for the applicant and Dr Shailendra Sharma Atal, learned counsel for the respondents. On last opportunity was granted to the learned counsel for the respondents to file objection, but the same has not been filed. Learned counsel for the respondents submits that he has received the instruction on In the interest of justice, one day time is granted to file objection. If, the objection is not filed, then the opportunity to file objection shall be closed. List this case on for orders (Air Marshal B.B.P. Sinha) RS/*

9 {See rule 11(1)} COURT NO.1 M.A. No of 2018 In re: O.A. No. 617 of 2017 Brig Dinesh Kumar Ahluwalia By Legal Practitioner for the By Legal Practitioner for Hon ble Air Marshal BBP Sinha, Order pronounced. M.A. No of 2018 is disposed of in terms of the order of date passed on separate sheets of paper. (Air Marshal BBP Sinha) MH/-

10 Court No. 1 M.A. No of 2017 with M.A. No. 983 of 2018 Inre: O.A. No. Nil of 2017 Ram Gopal Sharma By Legal Practitioner for By Legal Practitioner for Hon ble Air Marshal B.B.P. Sinha, Present: Shri Vijay Kumar Pandey, learned counsel for the applicant and Dr. Shailendra Sharma Atal, learned counsel for the respondents. Learned counsel for the applicant submits that the cost of Rs 5000/- has not yet been remitted to the AFT, Bar Association, Lucknow. M.A. No. 983 of 2018 Reply to the objection on the application for condonation of delay, filed by learned counsel for the respondents is taken on record. Accordingly, aforesaid M.A. stands disposed of. M.A. No of 2017 This is an application for condonation of delay in filing the original application. Reasons shown in affidavit in support of the condonation of delay seem to be sufficient. Accordingly, the application is allowed and the delay in filing the original application is hereby condoned. Having heard the learned counsel for the parties, we find that it is a fit case for admission. Admit. Let the case be registered as O.A. Learned counsel for the respondents prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed by learned counsel for the applicant within two weeks, thereafter. List this case on for orders (Air Marshal B.B.P. Sinha) RPM/-

11 M.A. No of 2017 Inre: O.A. No. Nil of 2017 Neeraj Kumar By Legal Practitioner for By Legal Practitioner for Hon ble Air Marshal B.B.P. Sinha, Present: Shri Shailendra Kumar Singh, learned counsel for the applicant and Shri Shyam Singh, learned counsel for the respondents. In pursuance of our earlier order, learned counsel for the respondents has provided the present address of the respondent Nos. 10 to 18 to learned counsel for the applicant. It is submitted by Learned counsel for the applicant Court No. 1 that correct particulars of the respondent Nos. 13 to 15 have not been provided. Both the learned counsel for the parties are directed to provide correct names and particulars of the respondent Nos. 13 to 15. So far as remaining private respondents are concerned, applicant is directed to take steps for service of notice within a week. If steps are taken as directed, shall issue notice to remaining respondents returnable by the early date. List this case on for orders. (Air Marshal B.B.P. Sinha) RPM/-

12 Court No. 1 M.A. No of 2017 with M.A. No. 489 of 2018 Inre: O.A. No. Nil of 2017 Rakesh Kumar By Legal Practitioner for By Legal Practitioner for Hon ble Air Marshal B.B.P. Sinha, Present: Shri Pankaj Kumar Shukla, learned counsel for the applicant and Shri Ashish Kumar Singh, learned counsel for the respondents. On , learned counsel for the respondents was directed to seek instruction why the first appeal dated has not yet been decided. It is informed by the respondents that the said appeal has been rejected vide order dated on the ground that it is barred by time as the applicant was retired in the year 2003 and his first appeal was preferred on Since the statutory petition has been rejected, therefore, the applicant has exhausted his remedies. M.A. No. 489 of 2018 Objection on the application for condonation of delay filed by learned counsel for the respondents is taken on record. Accordingly, aforesaid M.A. stands disposed of. Learned counsel for the applicant does not intend to file reply to the aforesaid objection. M.A. No of 2017 This is an application for condonation of delay in filing the original application. Reasons shown in affidavit in support of the condonation of delay seem to be sufficient. Accordingly, the application is allowed and the delay in filing the original application is hereby condoned. Having heard the learned counsel for the parties, we find that it is a fit case for admission. Admit. Let the case be registered as O.A.

13 Learned counsel for the respondents prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed by learned counsel for the applicant within two weeks, thereafter. List this case on for orders (Air Marshal B.B.P. Sinha) RPM/-

14 Court No. 1 M.A. No. 23 of 2018 with M.A. No. 821 of 2018 Inre: O.A. No. Nil of 2018 Prashant Singh By Legal Practitioner for By Legal Practitioner for Hon ble Air Marshal B.B.P. Sinha, Present: Shri DS Tiwari, learned counsel for the applicant and Dr SN Pandey, learned counsel for the respondents. M.A. No. 821 of 2018 Objection on the application for condonation of delay filed by learned counsel for the respondents is taken on record. Accordingly, aforesaid M.A. stands disposed of. Learned counsel for the applicant does not intend to file reply to the aforesaid objection. M.A. No. 23 of 2018 This is an application for condonation of delay in filing the original application. Reasons shown in affidavit in support of the condonation of delay seem to be sufficient. Accordingly, the application is allowed and the delay in filing the original application is hereby condoned. Having heard the learned counsel for the parties, we find that it is a fit case for admission. Admit. Let the case be registered as O.A. Learned counsel for the respondents prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed by learned counsel for the applicant within two weeks, thereafter. List this case on for orders (Air Marshal B.B.P. Sinha) RPM/-

15 M.A. No. 199 of 2018 Inre: O.A. No. Nil of 2018 Bharat Singh By Legal Practitioner for By Legal Practitioner for Hon ble Air Marshal B.B.P. Sinha, Present: Shri JN Mishra, learned counsel for the applicant and Shri Asheesh Agnihotri, learned counsel for the respondents. Learned counsel for the respondents submits that he shall file objection on the application for condonation of delay in during course of the day. Copy of the same has been provided to learned counsel for the applicant in Court today. Learned counsel for the applicant prays for and is granted four weeks time to go through it and to file reply to the aforesaid objection. List this case on for orders. Court No. 1 (Air Marshal B.B.P. Sinha) RPM/-

16 {See rule 11(1)} COURT NO.1 O.A. No. 175 of 2017 Kamakhya Harijan By Legal Practitioner for the By Legal Practitioner for Hon ble Air Marshal BBP Sinha, sheets. Judgment pronounced. Original Application No. 175 of 2017 is Dismissed. For orders, see our judgment and order of date passed on separate (Air Marshal BBP Sinha) MH/-

17 {See rule 11(1)} COURT NO.1 O.A. No. 83 of 2018 Bharat Prasad Gupta By Legal Practitioner for the By Legal Practitioner for Hon ble Air Marshal BBP Sinha, sheets. Judgment pronounced. Original Application No. 83 of 2018 is Allowed. For orders, see our judgment and order of date passed on separate (Air Marshal BBP Sinha) MH/-

18 {See rule 11(1)} O.A. No. 556 of 2017 COURT NO.1 Govind Prasad By Legal Practitioner for the By Legal Practitioner for Hon ble Air Marshal BBP Sinha, sheets. Judgment pronounced. Original Application No. 556 of 2017 is Allowed. For orders, see our judgment and order of date passed on separate (Air Marshal BBP Sinha) MH/-

19 {See rule 11(1)} Court No.1 O.A. No. 87 of 2016 with M.A. No.2238/2017, M.A. No. 2056/2017 & M.A. No.765/2016. Diwan Singh - By Legal Practitioner for the By Legal Practitioner for Present: Shri Parijaat Belaura, learned counsel for the applicant and Shri Amit Jaiswal, learned counsel for the respondents, assisted by Maj Salen Xaxa, OIC Legal Cell. Heard the arguments of learned counsel for both the parties. Order reserved. JPT

20 {See rule 11(1)} Court No.1 O.A. No. 282 of 2016 alongwith TA 1221/ 2010 Varun Kumar Pandey By Legal Practitioner for the By Legal Practitioner for Present: Shri A.K. Srivastava, learned counsel for the applicant and Dr. Shailendra Sharma Atal, learned counsel for the respondents, assisted by Maj Salen Xaxa, OIC Legal Cell. On the request made by Dr Shailendra Sharma Atal, learned counsel for the respondents for adjournment, list this case for hearing on alongwith the record of T.A. No of JPT

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22 O.A. No. 231 of 2016 Ram Vishwas Singh By Legal Practitioner for By Legal Practitioner for Notes of the Hon ble Air Marshal BBP Sinha, Present: Shri A.K. Srivastava, learned counsel for the applicant and Shri Amit Jaiswal, learned counsel for the respondents. Heard learned counsel for the parties. Arguments concluded. Order reserved. (Air Marshal BBP Sinha) SB

23 O.A. No. 113 of 2017 Sukhraj Singh By Legal Practitioner for By Legal Practitioner for Notes of the Hon ble Air Marshal BBP Sinha, Present: Shri Rohit Kumar, learned counsel for the applicant and Maj Salen Xaxa, Departmental Representative for the respondents. Departmental Representative requests for adjournment on the ground that counter affidavit on behalf of respondents shall be filed by tomorrow. Time prayed for is granted. It is clarified that in case counter affidavit is not filed by tomorrow, opportunity to file counter affidavit shall stands closed. List this case on for orders. (Air Marshal BBP Sinha) Anb

24 O.A. No. 299 of 2017 Rajesh Kumar Awasthi By Legal Practitioner for By Legal Practitioner for Notes of the Hon ble Air Marshal BBP Sinha, Present: Shri Virat Anand Singh, learned counsel for the applicant and Shri Namit Sharma, learned counsel for the respondents. Learned counsel for the respondents undertakes to file counter affidavit in the during the course of day. Copy of the same has been provided to the learned counsel for the applicant who prays for and is granted two weeks time to rejoinder affidavit. List this case on for orders. Office is directed to show name of Shri Virat Anand Singh as learned counsel for the applicant when the case is listed next. (Air Marshal BBP Sinha) SB

25 O.A. No. 306 of 2017 Khalid Husain Siddiqui By Legal Practitioner for By Legal Practitioner for Notes of the Hon ble Air Marshal BBP Sinha, Present: Shri S.K. Singh, learned counsel for the applicant and Shri R.C. Shukla, learned counsel for the respondents. Learned counsel for the applicant submits that he shall file rejoinder affidavit in the during the course of day. Pleadings have been exchanged. List this case on for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench. (Air Marshal BBP Sinha) SB

26 O.A. No. 389 of 2017 Kulwant Singh By Legal Practitioner for By Legal Practitioner for Notes of the Hon ble Air Marshal BBP Sinha, Present: Col A.K. Srivastava (Retd), learned counsel for the applicant and Shri Asheesh Agnihotri, learned counsel for the respondents. Learned counsel for the respondents undertakes to file counter affidavit in the during the course of day. Copy of the same has been provided to the learned counsel for the applicant who prays for and is granted two weeks time to rejoinder affidavit. List this case on for orders. (Air Marshal BBP Sinha) Anb

27 O.A. No. 492 of 2017 Smt. Shyamal Sri By Legal Practitioner for By Legal Practitioner for Notes of the Hon ble Air Marshal BBP Sinha, Present: None for the applicant and Dr. S.N. Pandey, learned counsel for the respondents. Learned counsel for the respondents submits that he has filed counter affidavit in the but the same is not on record. On inquiry, the office reported that counter affidavit has not been filed by learned counsel for the respondents. Learned counsel for the respondents prays for and is granted a week s time as a matter of last opportunity to file counter affidavit failing which opportunity to file counter affidavit by the respondents shall be closed. List this case on for orders. (Air Marshal BBP Sinha) Anb

28 O.A. No. 547 of 2017 Shailendra Singh Tomar By Legal Practitioner for By Legal Practitioner for Notes of the Hon ble Air Marshal BBP Sinha, Present: Shri V.K. Pandey, learned counsel for the applicant and Ms. Appoli Srivastava, learned counsel for the respondents. Counter affidavit filed by learned counsel for the respondents is taken on record. Learned counsel for the applicant prays for and is granted two weeks time to file rejoinder affidavit. List this case on for orders. (Air Marshal BBP Sinha) SB

29 O.A. No. 593 of 2017 Maharaj Ahmed Khan By Legal Practitioner for By Legal Practitioner for Notes of the Hon ble Air Marshal BBP Sinha, Present: Shri K.K. Mishra, learned counsel for the applicant and Shri G.S. Sikarwar, learned counsel for the respondents. Learned counsel for the applicant prays for and is granted two weeks further time to file rejoinder affidavit. List this case on for orders. On the next date, learned counsel for the respondents shall produce original records pertaining to the case for perusal of the Bench. (Air Marshal BBP Sinha) SB

30 O.A. No. 618 of 2017 Dhananjay Singh By Legal Practitioner for By Legal Practitioner for Notes of the Hon ble Air Marshal BBP Sinha, Present: None for the applicant and Shri Namit Sharma, learned counsel for the respondents. Learned counsel for the respondents undertakes to file counter affidavit in the during the course of day. However, he submits that the Annexures filed alongwith the counter affidavit are not legible. He is permitted to file legible copies of the Annexures by the next date of listing. List this case on for orders. (Air Marshal BBP Sinha) Anb

31 O.A. No. 30 of 2018 with M.A. No. 796 of 2018 Harbinder Singh By Legal Practitioner for By Legal Practitioner for Notes of the Hon ble Air Marshal BBP Sinha, Present: Shri K.K. Misra, learned counsel for the applicant and Shri G.S. Sikarwar, learned counsel for the respondents. M.A. No. 796 of 2018 Counter affidavit filed by learned counsel for the respondents is taken on record. M.A. aforesaid is dispose of accordingly. Learned counsel for the applicant prays for and is granted two weeks time to file rejoinder affidavit. List this case on for orders. (Air Marshal BBP Sinha) Anb

32 O.A. No. 89 of 2018 Prem Chand Ram By Legal Practitioner for By Legal Practitioner for Notes of the Hon ble Air Marshal BBP Sinha, Present: Shri V.P. Pandey, learned counsel for the applicant and Shri Bhanu Pratap Singh, learned counsel for the respondents. Learned counsel for the respondents prays for and is granted two weeks further time to file counter affidavit after serving a copy thereof on learned counsel for the applicant. Rejoinder affidavit, if any, may be filed by learned counsel for the applicant within two weeks, thereafter. List this case on for orders. (Air Marshal BBP Sinha) Anb

33 T.A. No. 349 of 2010 with M.A. No. 664 of 2018 Ramayan Mishra Petitioner By Legal Practitioner for Petitioner By Legal Practitioner for Notes of the Hon ble Air Marshal BBP Sinha, Present: Shri Virat Anand Singh, learned counsel for the petitioner and Shri Anurag Mishra, learned counsel for the respondents. Learned counsel for the petitioner prays for further time to file supplementary rejoinder affidavit. Since, the matter is an old one, in the interest of justice, last opportunity is granted to learned counsel for the petitioner to file supplementary rejoinder affidavit by the next date of listing. As prayed, list this case on for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench. (Air Marshal BBP Sinha) Anb

34 O.A. No. 266 of 2011 with M.A. No. 820 of 2018 Chand Pati By Legal Practitioner for By Legal Practitioner for Notes of the Hon ble Air Marshal BBP Sinha, Present: Shri Ashish Gupta, Advocate holding brief of Shri Pradeep Tiwari, learned counsel for the applicant and Dr. Shailendra Sharma Atal, learned counsel for the respondents. On request made by learned counsel holding brief of Shri Pradeep Tiwari, learned counsel for the applicant hearing of the case is adjourned for tomorrow. As prayed, list this case on for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench. (Air Marshal BBP Sinha) Anb

35 O.A. No. 293 of 2012 Ram Roop Singh By Legal Practitioner for By Legal Practitioner for Notes of the Hon ble Air Marshal BBP Sinha, Present: Shri Sanjay Kumar Singh, Advocate holding brief of Shri I.P. Singh, learned counsel for the applicant and Shri Asheesh Agnihotri, learned counsel for the respondents. Shri Sanjay Kumar Singh, Advocate submits that he shall file written arguments in the during the course of day after providing a copy thereof on learned counsel for the applicant. Reply to written arguments may be filed by learned counsel for the respondents by the next date of listing. List this case on for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench. (Air Marshal BBP Sinha) Anb

36 O.A. No. 263 of 2014 Ishwar Prasad By Legal Practitioner for By Legal Practitioner for Notes of the Hon ble Air Marshal BBP Sinha, Present: Shri Sanjay Kumar Singh, learned counsel for the applicant and Maj Salen Xaxa, Departmental Representative for the respondents.. Learned counsel for the applicant prays for time to produce case law on which he places reliance. Time prayed for is granted. List this case on for hearing. On the date fixed, learned counsel for the respondents shall produce original documents pertaining to the case for perusal of the Bench. (Air Marshal BBP Sinha) Anb

37 O.A. No. 65 of 2018 with M.A. No. 843, 532 & 285 of 2018 Rahat Ali Khan By Legal Practitioner for By Legal Practitioner for Notes of the Hon ble Air Marshal BBP Sinha, Present: Shri Rohit Kumar, learned counsel for the applicant and Shri D.K. Pandey, learned counsel for the respondents. The issue involved in the present O.A. requires hearing. Admit. Learned counsel for the respondents prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed by learned counsel for the applicant within two weeks, thereafter. List this case on for orders. (Air Marshal BBP Sinha) Anb

38 O.A. No. 545 of 2017 Court No. 1 Surendra Singh By Legal Practitioner for By Legal Practitioner for Hon ble Air Marshal BBP Sinha, O.A. No. 545 of 2017, Surendra Singh vs. Union of India and others is allowed. For order, see our judgment passed on separate sheets. (Air Marshal BBP Sinha) Anb

39 M.A. No of 2018 Inre O.A. No. 617 of 2017 Brig Dinesh Kumar Ahluwalia By Legal Practitioner for By Legal Practitioner for Notes of the Hon ble Air Marshal BBP Sinha, Present: Brig D.K. Ahluwalia, the applicant alongwith his counsel, Shri Virat Anand Singh and Dr Shailendra Sharma Atal and Shri Sunil Sharma, learned counsel for the respondents assisted by Maj Salen Xaxa, Departmental Representative. Heard learned counsel for the parties on application for interim stay. Arguments concluded. Order reserved. (Air Marshal BBP Sinha) Ukt

40 O.A. No. 209 of 2018 Smt Nirmala Kumara Nirmala Kumari By Legal Practitioner for By Legal Practitioner for Hon ble Air Marshal B.B.P. Sinha, Memo of appearance filed by Shri RKS Chauhan, Advocate on behalf of the respondents is taken on record. His name be shown as learned counsel for the respondents, when the case is next listed. Present: Shri Amit Verma, learned counsel for the applicant and Shri RKS Chauhan, learned counsel for the respondents. Having heard learned counsel for the parties, we find that it is a fit case for admission. Admit. Learned Standing Counsel appearing for the respondents prays for and granted six weeks time to file counter affidavit. Rejoinder, if any, may be filed by learned counsel for the applicant with two weeks thereafter. List this case on for orders. (Air Marshal B.B.P. Sinha) RS/*

41 M.A. No of 2018 Inre: O.A. No. Nil of 2018 Roopendra Singh By Legal Practitioner for By Legal Practitioner for Hon ble Air Marshal B.B.P. Sinha, Memo of appearance filed by Shri Rajiv Pandey, Advocate on behalf of the respondents is taken on record. His name be shown as learned counsel for the respondents, when the case is next listed. Present: Shri Vinay Pandey, learned counsel for the applicant and Shri Having heard learned counsel for the respondents. M.A. No of 2018 This is an application under Section 5 of the Indian Limitation Act read with Section 22 of the Armed Forces Tribunal Act, 2007 for condoning the delay in filing the O.A, which as per office report, is delayed by more than 04 years. Copy of this application has been served upon the learned Standing Counsel for the respondents on Learned Standing Counsel appearing for the respondents prays for and is granted six weeks time to file objection on the delay condonation application. Replication, if any, may be filed by the learned counsel for the applicant within two weeks thereafter. List this case on for orders. (Air Marshal B.B.P. Sinha) RS/*

42 M.A. No of 2018 Inre: O.A. No. Nil of 2018 Rajvir Singh By Legal Practitioner for By Legal Practitioner for Hon ble Air Marshal B.B.P. Sinha, Memo of appearance filed by Shri Shyam Singh, Advocate on behalf of the respondents is taken on record. His name be shown as learned counsel for the respondents, when the case is next listed. Present: Shri Pankaj Kumar Shukla, learned counsel for the applicant and Shri Shyam Singh, learned counsel for the respondents. M.A. No of 2018 This is an application under Section 5 of the Indian Limitation Act read with Section 22 of the Armed Forces Tribunal Act, 2007 for condoning the delay in filing the O.A, which as per office report, is delayed by more than 08 years. Copy of this application has been served upon the learned Standing Counsel for the respondents on Learned Standing Counsel appearing for the respondents prays for and is granted six weeks time to file objection on the delay condonation application. Replication, if any, may be filed by the learned counsel for the applicant within two weeks thereafter. List this case on for orders. (Air Marshal B.B.P. Sinha) RS/*

43 M.A. No of 2018 Inre: O.A. No. Nil of 2018 Ram Niwas By Legal Practitioner for By Legal Practitioner for Hon ble Air Marshal B.B.P. Sinha, Memo of appearance filed by Shri Arun Kumar Sahu, Advocate on behalf of the respondents is taken on record. His name be shown as learned counsel for the respondents, when the case is next listed. Present: Shri Pankaj Kumar Shukla, learned counsel for the applicant and Shri Arun Kumar Sahu., learned counsel for the respondents. M.A. No of 2018 This is an application under Section 5 of the Indian Limitation Act read with Section 22 of the Armed Forces Tribunal Act, 2007 for condoning the delay in filing the O.A, which as per office report, is delayed by more than 08 years. Copy of this application has been served upon the learned Standing Counsel for the respondents on Learned Standing Counsel appearing for the respondents prays for and is granted six weeks time to file objection on the delay condonation application. Replication, if any, may be filed by the learned counsel for the applicant within two weeks thereafter. List this case on for orders. (Air Marshal B.B.P. Sinha) RS/*

44 O.A. No. 206 of 2018 Sep R Vinoth Kumar By Legal Practitioner for By Legal Practitioner for Hon ble Air Marshal B.B.P. Sinha, Memo of appearance filed by Dr Shailendra Sharma Atal, Advocate on behalf of the respondents is taken on record. His name be shown as learned counsel for the respondents, when the case is next listed. Present: Maj RD Singh (Retd), learned counsel for the applicant and Dr Shailendra Sharma Atal, learned counsel for the respondents. Having learned counsel for the parties, we find that it is a fit case for admission. Admit. Issue notice to respondent Nos. 7 and 8 by registered speed post as well as by normal mode of service returnable within a week. The prayer for interim relief shall be considered only after appearance of Respondent Nos. 7 and 8. List this case on for orders. (Air Marshal B.B.P. Sinha RS/*

45 O.A. No. 207 of 2018 Ram Kumar Chhetri By Legal Practitioner for Chief of Army Staff & Others By Legal Practitioner for Hon ble Air Marshal B.B.P. Sinha, Memo of appearance filed by Dr Chet Narain Singh, Advocate on behalf of the respondents is taken on record. His name be shown as learned counsel for the respondents, when the case is next listed. Present: Shri Rohit Kumar, learned counsel for the applicant and Dr Chet Narain Singh, learned counsel for the respondents. Learned counsel for the applicant submitted that first statutory appeal preferred by the applicant on 28 th February 2017 under Regulation 25 of the Casualty Entitlement Rules, 1982 and applicant had also submitted a reminder on , but the same has not been decided within a period six months as per policy. Learned counsel for the applicant further submitted that the O.A may be decided finally with a direction to the respondents to decide the statutory appeal preferred by the applicant. Accordingly, with consent of learned counsel for the parties we dispose of the O.A. finally with direction to the respondents to decide the statutory appeal preferred by the applicant within three months from the date of presentation of a certified copy of this order. is directed to provide copy this order to learned counsel for the respondents free of cost within 48 hours for onward transmission. O.A. No. 207 of 2018 is disposed of. (Air Marshal B.B.P. Sinha) RS/*

46 DY-No. 700 of 2018 Inre: O.A. No. 416 of 2012 By Legal Practitioner for s Naresh Kumar Verma By Legal Practitioner for Respondent s Respondent Hon ble Air Marshal B.B.P. Sinha, Present: Shri Amit Jaiswal Shukla, learned counsel for the applicant and Maj Salen Xaxa, Departmental Representative. Dy-No. 700 of 2018 Office has reported that in the application for grant of leave and the judgment, a wrong O.A. No. 416 of 2012 has been mentioned, while O.A. pertains to some other file. On perusal of the record shows that O.A. No. 416 of 2017 is written at the bottom of the page of the judgment. Let this application be placed alongwith the records of O.A. No. 416 of List this case on for orders. (Air Marshal B.B.P. Sinha) RS/*

47 EX-A. No. 66 of 2018 Inre: O.A. No. 467 of 2017 Mithilesh Kumar Singh By Legal Practitioner for By Legal Practitioner for Hon ble Air Marshal B.B.P. Sinha, Memo of appearance filed by Mrs Anju Singh, Advocate on behalf of the respondents is taken on record. His name be shown as learned counsel for the respondents, when the case is next listed. Present: Shri Parijaat Belaura, learned counsel for the applicant and Mrs Anju Singh, learned counsel for the respondents. EX-A. No. 66 of 2018 This is an Execution Application under Section 29 of the Armed Forces Tribunal Act, 2007 filed by the applicant for non implementation of the judgment and order dated 8 th November 2017 passed in O.A. No. 467 of Learned counsel for the respondents prays for and is granted six weeks time to seek instructions and show cause as to why the aforesaid order of the Tribunal has not been complied with. List this case on for orders. (Air Marshal B.B.P. Sinha) RS/*

48 EX-A. No. 67 of 2018 Inre: T.A. No. 573 of 2010 Satyendra Prasad By Legal Practitioner for Petitioner Chief of Army Staff & Others By Legal Practitioner for Petitioner Hon ble Air Marshal B.B.P. Sinha, Memo of appearance filed by Dr Shailendra Sharma Atal, Advocate on behalf of the respondents is taken on record. His name be shown as learned counsel for the respondents, when the case is next listed. Present: Shri Rohit Kumar, learned counsel for the petitioner and Dr Shailendra Sharma Atal, learned counsel for the respondents. EX-A. No. 67 of 2018 This is an Execution Application under Section 29 of the Armed Forces Tribunal Act, 2007 filed by the applicant for non implementation of the judgment and order dated 21 st December 2017 passed in T.A. No. 573 of Learned counsel for the respondents prays for and is granted six weeks time to seek instructions and show cause as to why the aforesaid order of the Tribunal has not been complied with. List this case on for orders. (Air Marshal B.B.P. Sinha) RS/*

49 M.A. No of 2017 Inre: O.A. No. Nil of 2017 Smt Anupama Mishra By Legal Practitioner for Managing Director AGI & Others By Legal Practitioner for Court No Hon ble Air Marshal B.B.P. Sinha, Present: Shri Virendra Kumar Gupta, learned counsel for the and Shri Ashutosh Kumar Srivastava, learned counsel for the respondent No. 1. Learned counsel for the respondent No. 1 prays for and is granted two weeks further time, as a last opportunity, to file objection on the point of maintainability of this O.A. List this case on for orders. Meanwhile, replication to the said objection, if any, may be filed by learned counsel for the applicant. (Air Marshal B.B.P. Sinha) RPM/-

50 M.A. No of 2017 with M.A. No. 701 of 2018 Inre: O.A. No. Nil of 2017 Dilip Kumar By Legal Practitioner for By Legal Practitioner for Court No Hon ble Air Marshal B.B.P. Sinha, Present: Shri Virendra Kumar Gupta, learned counsel for the and Shri Amit Jaiswal, learned counsel for the respondents. M.A. No. 701 of 2018 Reply to objection on the application of condonation of delay filed by learned counsel for the applicant is taken on record. Accordingly, aforesaid M.A. stands disposed. M.A. No of 2017 This is an application for condonation of delay in filing the original application. Reasons shown in affidavit in support of the condonation of delay seem to be sufficient. Accordingly, the application is allowed and the delay in filing the original application is hereby condoned. Having heard the learned counsel for the parties, we find that it is a fit case for admission. Admit. Let the case be registered as O.A. Learned counsel for the respondents prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed by learned counsel for the applicant within two weeks, thereafter. List this case for orders. (Air Marshal B.B.P. Sinha) RPM/-

51 M.A. No of 2017 Inre: O.A. No. Nil of 2017 Court No.1 Milap Singh By Legal Practitioner for By Legal Practitioner for Hon ble Air Marshal B.B.P. Sinha, Present: Shri Virendra Kumar Gupta, learned counsel for the and Shri Anurag Mishra, learned counsel for the respondents. Learned counsel for the respondents prays for and is granted two weeks further time, as a last opportunity, to file objection on the application for condonation of delay. List this case on for orders. (Air Marshal B.B.P. Sinha) RPM/-

52 M.A. No. 19 of 2018 with M.A. No. 864 of 2018 Inre: O.A. No. Nil of 2018 Triyug Narain Rai By Legal Practitioner for By Legal Practitioner for Court No Hon ble Air Marshal B.B.P. Sinha, Present: Shri Virendra Kumar Gupta, learned counsel for the and Shri Yogesh Kesarwani, learned counsel for the respondents. M.A. No. 864 of 2018 Objection on the application for condonation of delay filed on behalf of the respondents is taken on record. Accordingly, aforesaid M.A. stands disposed of. Learned counsel for the applicant submits that he does not intend to file any reply to the said objection. M.A. No. 19 of 2018 application. This is an application for condonation of delay in filing the original The matter pertains to the grant of disability pension, which is a recurring cause of action. Accordingly, the application is allowed and the delay in filing the original application is hereby condoned. Having heard the learned counsel for the parties, we find that it is a fit case for admission. Admit. Let the case be registered as O.A. Learned counsel for the respondents prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed by learned counsel for the applicant within two weeks, thereafter. List this case for orders. (Air Marshal B.B.P. Sinha) RPM/-

53 M.A. No. 20 of 2018 Inre: O.A. No. Nil of 2018 Court No.1 Shamsher Bahadur Singh By Legal Practitioner for By Legal Practitioner for Hon ble Air Marshal B.B.P. Sinha, Present: Shri PK Shukla, Advocate, holding brief of Shri Virat Anand Singh, learned counsel for the applicant and Ms Appoli Srivastava, learned counsel for the respondents. Learned counsel for the applicant submits that this original application has been filed for grant of disability pension, which is recurring cause of action and he does not intend to file reply to the said objection. M.A. No. 20 of 2018 This is an application for condonation of delay in filing the original application. Reasons shown in affidavit in support of the condonation of delay seem to be sufficient. Accordingly, the application is allowed and the delay in filing the original application is hereby condoned. By means of this original application applicant has made prayer for rounding off of disability pension. He has filed PPO alongwith original application through which applicant has already getting 30% disability pension which has also been admitted by learned counsel for the respondents. Admit. Let the case be registered as O.A. No. 210 of Heard learned counsel for the parties. Arguments concluded. Judgment reserved. (Air Marshal B.B.P. Sinha) RPM/-

54 M.A. No. 168 of 2018 Inre: O.A. No. Nil of 2015 Court No.1 Satya Prakash By Legal Practitioner for By Legal Practitioner for Hon ble Air Marshal B.B.P. Sinha, Present: Shri Parijat Belaura, learned counsel for the and Shri Ashish Saxena, learned counsel for the respondents. Learned counsel for the respondents submits that he shall file objection on the application for condonation of delay in during course of the day after serving a copy on learned counsel for the applicant. List this case on for orders. Meanwhile, reply to the said objection, if any, may be filed by learned counsel for the applicant. is directed to delete the name of Shri Amit Jaiswal as a counsel for the respondents. (Air Marshal B.B.P. Sinha) RPM/-

55 Jaivir Singh By Legal Practitioner for By Legal Practitioner for M.A. No. 200 of 2018 Inre: O.A. No. Nil of 2018 Court No Hon ble Air Marshal B.B.P. Sinha, Present: Shri JN Mishra, learned counsel for the and Ms Appoli Srivastava, learned counsel for the respondents. Objection on the application for condonation of delay filed by learned counsel for the respondents is taken on record. Learned counsel for the applicant submits that he does not intend to file reply to the said objection. M.A. No. 200 of 2018 This is an application for condonation of delay in filing the original application. Reasons shown in affidavit in support of the condonation of delay seem to be sufficient. Accordingly, the application is allowed and the delay in filing the original application is hereby condoned. By means of this original application, applicant has prayed to release the service pension in the rank of Honoray Naib Subedar. Having heard the learned counsel for the parties on the point of admission of this original application and found that it is a fit case for admission. Admit. Let the case be registered as O.A. Learned counsel for the respondents prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed by learned counsel for the applicant within two weeks, thereafter. List this case for orders. (Air Marshal B.B.P. Sinha) RPM/-

56 M.A. No. 387 of 2018 Inre: O.A. No. Nil 2018 Smt Ram Maya Thapa, W/o Lil Bahadur Thapa By Legal Practitioner for By Legal Practitioner for Court No Hon ble Air Marshal B.B.P. Sinha, Present: Shri BB Tripathi, learned counsel for the applicant and Ms Anju Singh, learned counsel for the respondents. Learned counsel for the respondents submits that she shall file the objection on the application for condonation of delay in the during the course of the day, after providing a copy of the same to the learned counsel for the applicant. List this case on for orders. Meanwhile, reply to the objection may be filed by the learned counsel for the applicant. (Air Marshal B.B.P. Sinha) PKG

57 Ex-A No. 24 of 2018 Inre: O.A. No. 108 of 2013 Sunder Lal By Legal Practitioner for The Officer-in-Charge, Records, The Punjab Regiment & Others By Legal Practitioner for Hon ble Air Marshal B.B.P. Sinha, Present: Shri Virendra Kumar Gupta, learned counsel for the applicant and Shri Ashish Kumar Singh, learned counsel for the respondents. Ex-A No. 24 of 2018 This is an application for execution of the order dated 05 th April 2013 passed in O.A.No. 108 of Learned counsel for the respondents submits that corrigendum PPO has been issued and he shall file the same within one week. List this case on for orders. Court No.1 (Air Marshal B.B.P. Sinha) PKG

58 M.A.No. 742 of 2017 Inre: O.A. No. Nil of 2017 Vishv Ranjan Prasad By Legal Practitioner for By Legal Practitioner for Court No Hon ble Air Marshal B.B.P. Sinha, Present: Shri VP Pandey, learned counsel for the petitioner and Shri RKS Chauhan, learned counsel for the respondents. Vide our order dated , last opportunity was granted to the learned counsel for the respondents to file objection on the application for condonation of delay, but the same has not been filed, hence opportunity to file the objection on the application for condonation of delay is hereby closed. M.A.No. 742 of 2017 This is an application for condonation of delay in filing the O.A. The matter relates to the grant of disability pension, which is a recurring cause of action. Accordingly, the application is allowed and the delay in filing the O.A. is hereby condoned. Having heard the learned counsel for the parties, we find that it is a fit case for admission. Admit. Let the case be registered as O.A. Learned counsel for the respondents prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List this case on for orders. (Air Marshal B.B.P. Sinha) PKG

59 M.A.No of 2017 with M.A.No. 1 of 2018 Inre: O.A. No. Nil of 2017 Tek Bahadur Rana By Legal Practitioner for By Legal Practitioner for Court No Hon ble Air Marshal B.B.P. Sinha, Present: Shri KK Misra, learned counsel for the petitioner and Ms Anju Singh, learned counsel for the respondents. M.A.No. 1 of 2018 Objection filed by the learned counsel for the respondents on the application for condonation of delay is taken on record. M.A. stands disposed of. Learned counsel for the applicant prays for and is granted four weeks time to file reply to the objection. List this case on for orders. (Air Marshal B.B.P. Sinha) PKG

60 M.A.No of 2017 with M.A.No.819 of 2018 Inre: O.A. No. Nil of 2017 Abhinesh Kumar Singh By Legal Practitioner for By Legal Practitioner for Court No Hon ble Air Marshal B.B.P. Sinha, Present: Shri Shiv Kant Pandey, learned counsel for the petitioner and Shri Yogesh Kesarwani, learned counsel for the respondents. M.A.No.819 of 2018 Objection filed by the learned counsel for the respondents on the application for condonation of delay is taken on record. M.A. stands disposed of. Learned counsel for the applicant submits that he does not intend to file any reply to the objection. M.A.No of 2017 This is an application for condonation of delay in filing the O.A. The matter relates to the grant of disability pension, which is a recurring cause of action. Accordingly, the application is allowed and the delay in filing the O.A. is hereby condoned. Having heard the learned counsel for the parties, we find that it is a fit case for admission. Admit. Let the case be registered as O.A. Learned counsel for the respondents prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List this case on for orders. (Air Marshal B.B.P. Sinha) PKG